Bail is a sensitive issue - Seretse

SYLVIAH DISELE
Correspondent | Friday March 29, 2013 00:00

Speaking at the official opening of the stakeholders' workshop on bail in Gaborone last Friday,  Seretse said the practice compromised the safety of the nation and hampered efforts becoming a safe and secure nation by 2016.

Nevertheless, the minister noted that bail is a strictly judicial issue and should be exercised without the interference from any entity.

He said that the government accused individuals were entitled to apply for bail while the courts were obliged to consider bail applications. To that end, all relevant information should be placed before the court to enable the judicial officer to arrive at an informed decision.

Minister Seretse said that the conference was necessary because without the cooperation of stakeholders, there would be little success. He noted that the conference was a result of the gap between the justice delivery system and expectations of the public.

The gap had led to growing perceptions from victims and their families, politicians and ordinary citizens. Seretse said these sectors of society felt that the rights of perpetrators were given prominence over the rights of victims and their families.

Further, complainants often viewed the granting of bail as a disregard for the gravity of the crime or the loss or injury occasioned by the crime in question.

Seretse said it was important for politicians to convey the issues of bail to stakeholders in the criminal justice system so that all parties involved may better appreciate the sentiments and perceptions of Batswana.

Even those in the criminal justice continuum were not happy because there were elements of disquietude which may suggest that those who are at the beginning of the criminal justice system believe that the effort and processes they put in place in investigations were often lost when the courts granted bail.

On the other hand, the view of magistrates and judges was that preparations for cases and the quality of investigations, including submissions around bail applications, often left a lot to be desired.

Seretse said at the end of the workshop, all stakeholders should have an appreciation of constraints imposed on each institution by its processes, rules and procedures.